City Council

CLARKSVILLE CITY COUNCIL REGULAR SESSION MAY 3, 2018 MINUTES PUBLIC COMMENTS Prior to the meeting, Marshall Duncan, Clarksville Soccer Club, Joseph Marshall, Clarksville Allstar Track & Field Club, and Denise Pickett, Montgomery County Soccer Association, encouraged the Council to adopt ORDINANCE 59-2017-18, on second reading, authorizing purchase of property for an athletic complex. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, May 3, 2018, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Tay Joslin, Erin Church of Christ, guest of Councilman Jeff Burkhart. The Pledge of Allegiance was led by Mayor Kim McMillan. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman, Mayor Pro Tem (Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Jeff Henley (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) SPECIAL RECOGNITIONS Gerald Parish, Tennessee Department of Environment & Conservation, presented a certificate designating Clarksville as a “Tier III Recreation Educational Services Benchmarked” City in recognition for excellence in recreational services.  Mayor McMillan proclaimed May as “Bicycle Month” in the City of Clarksville and urged citizens to promote bicycling through the community. Mayor McMillan welcomed Boy Scout Troop 546 who were in the audience earning their Citizenship Badge. ZONING ORDINANCE 57-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Reda Homes, LLC, for zone change on property located east of Fort Campbell Boulevard and north of Idlewild Street from R-1 Single Family Residential District to R-4 Multiple Family Residential District The recommendation of the Regional Planning Staff and Commission were for approval of this ordinance. The public hearing for this request was held April 5, 2018, and the ordinance was postponed April 5, 2018, to allow the applicant and area residents to meet regarding the proposed change. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Garrett. Councilman Garrett shared photos of the property and noted ⅔ of the site was already zone for apartments and said traffic on Idlewild Drive would not be impacted. He said many of the area lots were tenant-occupied. Councilman Chandler felt Councilman Garrett had a conflict of interest in this case because of his real estate business. Councilman Garrett said he does not list Mr. Reda’s properties for rent. Councilman Alexander made a motion to postpone this vote for an additional month to allow time for additional communication between the developer and residents; the motion was not seconded. Councilman Chandler called for the question; the question was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Chandler, Erb, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith NAY: Allen, Burkhart, Garrett The motion to cease discussion passed. The following vote on the main motion was recorded: AYE: Allen, Burkhart, Garrett, Henley NAY: Alexander, Chandler, Erb, Grubbs, Guzman, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading failed. Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding requests for zone change. The motion was seconded by Councilwoman McLaughlin. There was no objection. ORDINANCE 61-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of John Goodrich, Joshua Jerles-Agent, for zone change on property at the intersection of Rossview Road and Old Russellville Pike from R-1 Single Family Residential District to R-3 Three Family Residential District No one spoke for this change. Francis ​Canada-McKillip ​said the surrounding zoning is R-1 and the area schools are already at capacity. Ken ​Wisneski shared a petition with names of individuals who opposed this change. He said the development would reduce property values of existing homes as well ad as increase noise and traffic. ORDINANCE 62-2017-18 ​(First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Mark Bullock, Todd Averitt-Agent, for zone change on property southeast of the intersection of Hawkins Road and East Johnson Circle and north of the intersection of Hawkins Road and Jen Hollow Road from R-1 Single Family Residential District to R-2 Single Family Residential District Todd Averitt said the new zoning would allow development of 14 single-family lots and the change would be an extension of current zonings. Mr. Averitt said area schools were below capacity. David Baker, adjoining property owner, expressed concern about increased traffic congestion on Hawkins Road and felt the development was not appropriate for the surrounding area. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilwoman McLaughlin. There was no opposition. The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 61-2017-18​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Burkhart made a motion to honor the applicant’s request and postpone the vote to the July regular session. The motion was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to postpone the vote on this ordinance to the July regular session passed.  The recommendations of the Regional Planning Staff and Commission were for approval of ​ORDINANCE 62-2017-18​. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Allen, Burkhart, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith NAY: Alexander, Chandler The motion to adopt this ordinance on first reading passed. PUBLIC IMPROVEMENT PROGRAM RESOLUTION 51-2017-18 ​Accepting the 2018-19 through 2022-23 Public Improvement Program for FY 2018-19 through FY 2022-23 The recommendations of the Regional Planning Staff and Commission were for approval of this resolution. Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. CONSENT AGENDA All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report: 1. ORDINANCE 55-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Maynard Family Company, Jimmy Bagwell-Agent, for zone change on property located at the intersection of Tobacco Road and Sandburg Drive from R-2 Single Family Residential District to R-4 Multiple Family Residential District 2. ORDINANCE 56-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ronnie Seay, Wade Hadley-Agent, for zone change on property located at the terminus of Button Drive from R-1 Single Family Residential District to R-2A Single Family Residential District 3. ORDINANCE 58-2017-18 ​(Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Syd Hedrick for zone change on property located on multiple parcels south of Crossland Avenue, north and south of West High Street, and west of Charlotte Street from R-3 Two & Three Family Residential District to R-6 Single Family District  4. ORDINANCE 59-2017-18 ​(Second Reading) Authorizing purchase of property on Rossview Road ​[Removed; see transcription following Consent Agenda] 5. RESOLUTION 50-2017-18 Approving a Certificate of Compliance for Tim Crocker for operation of Crocker’s Fine Wines, 224 Dover Road 6. Approval of Board Appointments: Board of Equalization: Gary Harmon - May 2018 through April 2020 Housing Authority: Steve Stroman - May 2018 through September 2021 Senior Citizens Board: Trish Blair, Dick Stovall, Glenda Warren, Howard Welch - May 2018 through April 2021 7. Adoption of Minutes: April 5th Councilman Allen requested separate consideration of ​ORDINANCE 59-2017-18​. Councilman Burkhart made a motion to adopt the Consent Agenda. The motion was seconded by Councilman Powers. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda as amended passed. PURCHASE OF ROSSVIEW ROAD PROPERTY ORDINANCE 59-2017-18 ​(Second Reading) Authorizing purchase of property on Rossview Road This ordinance was removed from the original Consent Agenda. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Grubbs. Councilman Garrett made a motion to postpone this vote to the July regular session. The motion was not seconded. Councilman Powers said local high school enrollment increased by 1,300 students during the previous year, and by 4,000 students over the past three years. Councilman Powers said several students received awards for their participation in elite travel soccer teams. He said the City should capture this opportunity to develop a soccer destination. Councilman Alexander felt funding should be directed to roads. Following discussion, Councilman Allen called for the question. The question was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, McLaughlin  NAY: Chandler, Grubbs, Guzman, Henley, McMillan, Powers, Smith The motion to cease discussion failed. Councilwoman Smith felt this was not the right time to build an athletic complex and said Ward 6 needed various improvements. Mayor McMillan ruled in favor of Councilwoman Guzman’s point of order stating that the discussion was not related to improvements in Ward 6. Councilman Chandler and Councilman Grubbs felt this purchase would be an investment is the youth of Clarksville. Councilman Garrett called for the question. The question was seconded by Councilwoman McLaughlin. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Guzman, Henley, McLaughlin, Smith NAY: Grubbs, Powers The motion to cease discussion passed. The following vote on the main motion was recorded: AYE: Chandler, Guzman, Henley, McMillan, Powers NAY: Alexander, Allen, Burkhart, Erb, Garrett, McLaughlin, Smith The motion to adopt this ordinance on second reading failed. TRC BOARD APPOINTMENTS Two Rivers Company: Bill Aldred - January 2018 through October 2018; Ryan Bowie - November 2017 through October 2020; Yvonne Chamberlain - January 2018 through October 2019; James Lewis - January 2018 through October 2018 The vote on these appointments was postponed on April 5, 2018. Mayor McMillan made a motion to postpone this vote to the June regular session to allow time for additional discussion with TRC officials. The motion was seconded by Councilman Burkhart. Councilwoman McLaughlin stated her intention to abstain because she was an employee of the TRC. A voice vote was taken; the motion to postpone passed. Councilwoman McLaughlin did not vote. FINANCE COMMITTEE Jeff Burkhart, Chair Councilman Burkhart made a motion to consolidate the vote on the following resolutions. The motion was seconded by Councilwoman McLaughlin. A voice vote was taken; the motion to consolidated passed without objection. RESOLUTION 32-2017-18 ​Amending Personnel Policy 07-07 relative to Americans With Disabilities Act  RESOLUTION 33-2017-18 ​Amending Personnel Policy 07-11 relative to Employee Identification Cards RESOLUTION 34-2017-18 ​Amending Personnel Policy 93-4 relative to Family Medical Leave Act, Maternity, Paternity, and Military Leave RESOLUTION 35-2017-18 ​Amending Personnel Policy 07-09 relative to Tobacco Free Workplace RESOLUTION 36-2017-18 ​Amending Personnel Policy 07-08 relative to Workplace Violence RESOLUTION 38-2017-18 ​Amending Personnel Policy 91-3 relative to Workplace Harassment RESOLUTION 48-2017-18 ​Amending Personnel Policy 91-1 relative to Grievance Procedure The recommendations of the Finance Committee were for approval of each resolution. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Erb, Garrett, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt these resolutions passed; Councilman Chandler was not present for this vote. RESOLUTION 49-2017-18 Authorizing an agreement with Austin Peay State University for bike share services The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilwoman McLaughlin. Councilwoman McLaughlin made a motion to amend this resolution by adding language relative to APSU’s liability as recommended by the City Attorney. The motion was seconded by Councilman Henley. A voice vote was taken; the amendment passed without objection. The following vote on the main motion as amended was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution as amended passed; Councilwoman Guzman was not present for this vote. GAS & WATER COMMITTEE Bill Powers, Chair Councilman Powers shared the following monthly department statistics: Service Department - 5,306 work orders, 327 after hours calls, 97,000 meters read, 67,000 bills mailed; Engineering - 3,100 locate requests, Water Treatment Plant - 500 million gallons  treated water pumped (63% capacity); Wastewater Treatment Plant - 16 million gallons sewage treated per day. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said the Citizens Advisory Committee announced the following Community Development Block Grant sub-recipients: CMC Community Action Agency, Flourishing Families, Green Hill Development Corporation, White House Mission Ministries, Safe House Womens Shelter, Manna Cafe, Salvation Army, United Urban Ministries, Grace Assistance Program, Safe Place Family Transitional Center, and Safe House Domestic Violence & Sexual Assault Center. The total amount granted was $142,000. PARKS & RECREATION Valerie Guzman, Chair Councilwoman Guzman said numerous activities were planned for the month of May including Bicycle Takeover, 50+ Games, Sleeping Under the Stars, Movies in the Park, Water Safety Day, and the beginning of the Saturday Downtown Market. PUBLIC SAFETY COMMITTEE Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes - 1,960 inspections, 57 single-family permits, 55 abatement work orders; FIre & Rescue - 1,168 emergency runs; Police - 13,316 calls. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander shared the following monthly department statistics: Garage - 337 work orders; Streets - 273 work orders, 300 debris pickups, paving of Benjamin Drive, Firebrake, Gain, Issac, McCain, Britt, Parrot, and Tylertown Road. TRANSPORTATION COMMITTEE ​Deanna McLaughlin, Chair Councilwoman McLaughlin shared the following monthly department statistics: Clarksville Transit System - 56,276 passengers including 6,957 seniors and 662 wheelchair passengers, 3,292 Lift passengers. Councilwoman McLaughlin announced the CTS Summer Youth Free Ride Program. In response to Councilman Alexander’s question, Councilwoman McLaughlin agreed to inquire about bus service to the Highway 76 Park & Ride area. NEW BUSINESS ORDINANCE 60-2017-18 (First Reading) Amending the Official Code to repeal Internal Service Fund Guidelines and approve a new Internal Service Fund ordinance Councilman Allen made a motion to adopt this ordinance on first reading. The motion was seconded by Councilwoman McLaughlin. Councilman Allen felt the full membership of the City Council should approve or deny lawsuit settlements. Councilman Allen made a motion to amend the ordinance by including language recommended by the City Attorney relative to approval of payments and to exempt settlement denials from City Code Sec. 1-204 pertaining to reintroduction of denied legislation. The motion was seconded by Councilman Garrett. The following vote was recorded: AYE: Alexander, Allen, Erb, Garrett, McLaughlin, Smith NAY: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers The amendment failed. Councilman Henley called for the question. The question was seconded by Councilwoman Smith. A voice vote was taken; the motion to cease discussion passed. The following vote on the main motion was recorded: AYE: Alexander, Allen, Erb, Garrett, McLaughlin, Smith NAY: Burkhart, Chandler, Grubbs, Guzman, Henley, McMillan, Powers The motion to adopt this ordinance on first reading failed. MAYOR AND STAFF REPORTS There were no mayor or staff reports. ADJOURNMENT The meeting was adjourned at 8:48 p.n. ADOPTED: June 7, 2018